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  • Latest News

    Blog

    NSA surveillance case reflects a growing distrust in the federal judiciary

    […] of NSA. Filed in a special secure facility in Washington, DC, these super-classified documents were transported under armed guard to California for viewing by Judge Walker. The Electronic Frontier Foundation, the lawyers for the plaintiffs, had objected to Walker's reviewing this evidence because they worried the judge could not help but be swayed by […]

    June 2, 2009

  • Latest News

    FAC News Press Release

    First Amendment Attorney Duffy Carolan Elected President of FAC Board of Directors

    […] advice to reporters and editors on deadline, as well as defending against subpoenas seeking unpublished source information. Carolan also has extensive experience with securing access to public records and public meetings under the California Public Records Act, Freedom of Information Act, and Ralph M. Brown Act. Carolan has served on FAC’s board since 2002. […]

    January 15, 2018

  • Asked and Answered

    Brown Act CPRA

    County Bar Association and the CPRA and Brown Act

    I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests -- would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance […]

    June 14, 2009

  • Latest News

    Blog

    NSA may have adhered to legal rules, but legal rules can’t keep up with changes in surveillance technology

    A year or two from now, when investigators have taken stock of all the revelations in the NSA records released by Edward Snowden, the verdict is likely to be that the exposed NSA surveillance activities were NOT unlawful. That isn't to say the NSA's scarfing up of email and phone call metadata filling acres […]

    November 25, 2013

  • Asked and Answered

    Brown Act CPRA

    Question and Answer Session with Consultants

    […] anyone else, to answer questions of members of the public. However, to the extent you're unable to get your questions answered, you might consider making a Public Records Act ("PRA") request for records relating to the issue.  Under the California PRA, Cal. Gov't Code sections 6250 et seq., any member of the public has […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Surveillance cameras and the CPRA

    Rather than filing suit, you should first try filing a written request for the tapes under the California Public Records Act (PRA). You can click on this link to get a template for such a request from the CFAC website:  http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/ In your written request, you should remind the SJPD that they should make […]

    June 14, 2009

  • Posts

    California’s Computer Privacy Laws Require a Critical Update: SB 178 is it.

    […] for sensitive digital data like email, text messages, location history and stored documents of all kinds. Tell your assemblymember to support S.B. 178 (text of bill), the California Electronic Communications Privacy Act (CalECPA), to protect our private digital lives from government overreach. California’s electronic privacy laws were written in, and for, the digital ecosystem of […]

    August 20, 2015

  • Asked and Answered

    City says building plans can be viewed but not copied

    […] to provide them to the agency under § 19850. In that case, there might have to be some other justification for refusing to permit copying of the records (or the records might be subject to disclosure). With the language of § 19851 in hand, it might be worth pushing back on the asserted connection […]

    September 19, 2012

  • Asked and Answered

    CPRA

    Withholding “Requests for Proposals” from the public

    […] Their response as to why they cannot show the old RFP's: "Because the solicitation was canceled and an award was not made, the contractor proposals do not become public record and therefore are not available for viewing." I find no justification for this action in sec. 6254 of the California Public Records act. Any opinions?

    June 5, 2010